Attorney General James Receives Referral Letter to Investigate Allegations of Sexual Harassment Against Governor Cuomo

 

New York Attorney General Letitia James today released the following statement after the executive chamber issued a referral letter granting her request to investigate allegations of sexual harassment against Governor Andrew Cuomo:

“Today, the executive chamber transmitted a referral letter to our office, providing us the authority to move forward with an independent investigation into allegations of sexual harassment claims made against Governor Cuomo. This is not a responsibility we take lightly as allegations of sexual harassment should always be taken seriously. As the letter states, at the close of the review, the findings will be disclosed in a public report.”

Yesterday, Attorney General James announced she would appoint a special deputy to conduct an independent investigation into the allegations against Governor Cuomo.

Below, is text of the letter linked above:

Dear Attorney General James,

The Governor is hereby making a referral pursuant to Executive Law Section §63 (8) for you to select an independent law firm to conduct an inquiry into allegations of and circumstances surrounding sexual harassment claims made against the Governor.

As provided in Executive Law §63 (8), that private attorney or private attorneys, may be designated as Special Deputy Attorney General or Assistant Deputy Attorney General, to conduct the review.

Nothing in this letter is intended to constrain or limit any of the powers inherent in Executive Law §63 (8). Due to the nature of this review, however, the weekly reports contemplated by Executive Law §63 (8) will not be approved by or transmitted to the Executive. At the close of the review, the findings will be disclosed in a public report.

All New York State employees have been directed to cooperate fully with this review. I will serve as point of contact for any witness interviews or document production for the Executive Chamber and will connect you with appropriate counsel in any other agency or entity for any documents or witnesses necessary for the review.

                          Sincerely,

                          Beth Garvey

                          Special Counsel and Senior Advisor

Governor Cuomo Announces Over 4.5 Million Vaccine Doses Administered

 

Over 120K Doses Administered in 24 Hours

As of 11AM today, New York Providers Have Administered 92% of First Doses

Vaccine Dashboard Will Update Daily to Provide Updates on the State's Vaccine Program; Go to ny.gov/vaccinetracker; Dashboard Now Includes Demographic Data

 Governor Cuomo today announced over 4.5 million first and second doses of the COVID-19 vaccine have been administered to date. Additionally, 122,455 doses were administered over the past 24 hours. The total week 11 federal vaccine allocation has been delivered to providers for administration. As of 11:00 AM today, New York providers have administered 92 percent of first doses. The week 12 allocation from the federal government will begin arriving mid-week.

"New Yorkers have shown their commitment to beating back COVID and that determination is reflected in our statewide infection rate, which has been trending down every day, but we can't let up until the war is won and New York is COVID-free," Governor Cuomo said. "The Johnson & Johnson vaccine will be coming online soon and that's going to be a game-changer for bringing our already extensive vaccination efforts to new heights while continuing to prioritize social equity and fairness for those New Yorkers that have been impacted most by this deadly virus."

Approximately 10 million New Yorkers are currently eligible to receive the vaccine. New York's vast distribution network and large population of eligible individuals still far exceed the supply coming from the federal government. Due to limited supply, New Yorkers are encouraged to remain patient and are advised not to show up at vaccination sites without an appointment.

The 'Am I Eligible' screening tool has been updated for individuals with comorbidities and underlying conditions with new appointments released on a rolling basis over the next weeks. New Yorkers can use the following to show they are eligible:

• Doctor's letter, or
• Medical information evidencing comorbidity, or
• Signed certification

Vaccination program numbers below are for doses distributed and delivered to New York for the state's vaccination program, and do not include those reserved for the federal government's Long Term Care Facility program. A breakdown of the data based on numbers reported to New York State as of 11:00 AM today is as follows. Beginning week 9, allocation totals are inclusive of some excess vaccine doses that have been reallocated from the federal Long Term Care Facility program.

STATEWIDE BREAKDOWN

First Doses Received - 3,206,430

First Doses Administered - 2,954,858; 92%

Total Doses Received - 5,229,950

Total Doses Administered - 4,583,616

Attorney General James Warns Investors About ‘Extreme Risk’ When Investing in Cryptocurrency, Issues Additional Warning to Those Facilitating Trading of Virtual Currencies

 

Recent Price Run-Up and Ongoing Pandemic Should Put Investors on High Alert for Scams Using Virtual Currencies

AG James Reminds Industry That Registration Requirements Apply in New York for Those Dealing or Advising in Virtual Currencies

 In her ongoing efforts to protect New York investors, New York Attorney General Letitia James today issued two alerts in response to the “extreme risk” posed to New Yorkers investing in virtual or “crypto” currencies. Attorney General James first issued an investor alert urging “extreme caution when investing in virtual currencies." Additionally, Attorney General James issued an alert to industry members, reminding brokers, dealers, salespersons, and investment advisors that they could potentially face “both civil and criminal liability” if they do not fulfill their obligations regarding registration with the state of New York when doing business with virtual currencies.

“Too often, greedy industry players take unnecessary risks with investors’ money, but, today, we’re leveling the playing field and issuing alerts to both investors and industry members across the nation,” said Attorney General James. “All investors should proceed with extreme caution when investing in virtual currencies. Cryptocurrencies are high-risk, unstable investments that could result in devastating losses just as quickly as they can provide gains. We will not hesitate to take action against anyone who violates the law. Two weeks ago, we filed a lawsuit to shut down Coinseed’s fraudulent operation. Last week, we ended both Bitfinex and Tether’s illegal activities in New York. And now, today, we’re sending a clear message to the entire industry that you either play by the rules or we will shut you down.”

Alert to Investors

Today’s investor alert recommends extreme caution when investing in virtual currencies. Trading in the current market exposes investors to risks, such as wild price swings, conflicts of interest among trading platform operators, and increased chances of market manipulation. Further, even ‘legitimate’ investments in virtual assets are subject to speculative bubbles, and the continued tragedy of the coronavirus disease 2019 (COVID-19) public health crisis has put law enforcement on high alert for scammers and unscrupulous industry players using deceptive tactics to gain confidence with false promises of high or even guaranteed returns. Additionally, given an individual’s ability to hide their true identity when trading virtual currency, many criminals use cryptocurrencies in their schemes, including for money laundering, human trafficking, blackmail, illicit financing, and tax evasion.

Today’s investor alert offers New Yorkers five common sense tips for avoiding virtual currency investments frauds, and provides a link to the Office of the Attorney General’s (OAG) Investor Protection Bureau complaint form.

Alert to Industry Members

For over a quarter of a century, commodity broker-dealers, salespersons, and investment advisors doing business within or from New York have been required by statute to register with the OAG. Last year, in a case brought by the OAG, the Appellate Division held that a virtual currency was a commodity under the Martin Act, a ruling consistent with that of other courts and agencies. Therefore, today’s industry alert reminds all brokers, dealers, salespersons, and investment advisors that they must register with the OAG’s Investor Protection Bureau if they are doing business in New York, unless they qualify for an exemption. The OAG reminds industry members that those parties who are obligated to register, but do not, are subject to both civil and criminal enforcement under the law.

Those in the industry who have information regarding illegal or unethical behavior in trading of virtual currencies are encouraged to file an anonymous, secure, and confidential transmission (including any documents) through the OAG’s whistleblower portal.

Today’s industry alert comes on the heels of Attorney General James’ lawsuit, two weeks ago, against Coinseed, Inc. and its executives, which — in operating a virtual currency trading business in New York — carried on as unregistered broker-dealers for more than three years while collecting over $1 million in investors’ assets. Attorney General James seeks restitution for the thousands of defrauded investors, disgorgement of already raised funds with interest, permanent injunctions against all the defendants to immediately stop their illegal behavior, and the full closure of Coinseed’s business operations, among other remedies.  

Additionally, just last week, Attorney General James announced an agreement with Bitfinex, Tether, and related entities that ends all their trading activity in the state of New York, imposes an $18.5 million penalty on the companies, and increases transparency. In the case of Tether, the company falsely represented that each of its stablecoins were fully backed, one-to-one, by U.S. dollars in reserve at all times. However, an investigation by the OAG found that iFinex — the operator of Bitfinex — and Tether made false statements about the backing of the “tether” stablecoin, and about the movement of hundreds of millions of dollars between the two companies to cover up the truth about massive losses by Bitfinex.

Bowman, Warren Introduce Care for All Agenda to Expand and Revitalize the Care Economy

 

Reps. Bush, Clarke, Jayapal, Meng, Ocasio-Cortez, Pressley, and Williams Co-Lead Resolution Supported by 80+ Organizations to Protect Care Workers and Guarantee Care for All

 Rep. Jamaal Bowman (D-NY) and Sen. Elizabeth Warren (D-MA) on Monday announced the introduction of a resolution to dramatically expand and strengthen the care economy and improve conditions and compensations for care workers nationwide.

Just as our physical infrastructure is crumbling, the United States today suffers from a lack of care infrastructure. Millions are struggling to access child care, health care, long-term supports and services, and paid family and medical leave. Growing numbers of care workers, disproportionately women of color and immigrants, face poverty wages and exploitation; along with education, social assistance, and other essential workers, they are on the frontlines of multiple crises in our society. Investing in care work and programs can boost the economy, meet people’s fundamental needs, and help us face the challenges of the 21st century and beyond.

The resolution calls for far-reaching public investments to guarantee the care people need at all stages of life, and to ensure caregivers and care workers are treated with the dignity they deserve. That must include raising pay, benefits, protections, and standards for all care workers, ensuring pathways to unionization, and creating millions of new care jobs over the next decade.

 

Co-leading the resolution are Reps. Cori Bush (D-MO), Yvette D. Clarke (D-NY), Pramila Jayapal (D-WA), Grace Meng (D-NY), Alexandria Ocasio-Cortez (D-NY), Ayanna Pressley (D-MA), and Nikema Williams (D-GA). The resolution has also been endorsed by more than 80 local, state, and national advocacy organizations. 

 

"As we emerge from the pandemic, rescue our economy, and move forward with a national reckoning over systemic racism, we have an historic opportunity to build an America that works for all people — by centering the care that all people need,” Rep. Bowman said. “Care workers, disproportionately Black and brown women, are undervalued and exploited in America today, and people and families struggle to access care. Without a holistic care infrastructure to support us, our economy and society simply cannot thrive. I believe with all my heart that bold, public investments in care for people, communities, and the environment can anchor the rebirth of our country and secure our future."

 

"The COVID-19 pandemic has reinforced that care work is critical infrastructure in our society and how much we’ve undervalued it in the past,” Sen. Warren said. “I’m fighting for the Care for All Agenda to dramatically expand and transform the care economy so that no family has to struggle financially when someone needs care."

 

“When I worked in childcare, I could not afford to send my own children to the center where I worked. We can no longer wait to guarantee basic protections for our families, communities, and workers,” Rep. Bush said. “We must guarantee paid leave, high quality and affordable childcare, home and community-based care, and long-term care for seniors. We must also ensure better benefits and higher wages, especially for our family caregivers, home health aides, domestic workers, childcare providers, and nurses — positions overwhelmingly held by women, many of whom are Black and Latina. As one of a few nurses in Congress, I spent years doing the emotionally grueling labor of love that our care workers do for our communities, only to be paid so little that we can barely make ends meet. We need an economy of care. I’m proud to join Representative Bowman and Senator Warren in introducing the Care for All Agenda that puts everyday people and families first.”

Co-sponsoring the resolution are Reps. Bonnie Watson Coleman (D-NJ), André Carson (D-IN), Eleanor Holmes Norton (D-DC), Rashida Tlaib (D-MI), Debbie Dingell (D-MI), Jesús G. “Chuy” García (D-IL), Sara Jacobs (D-CA), Nydia Velázquez (D-NY), Ro Khanna (D-CA), Barbara Lee (D-CA), Mondaire Jones (D-NY), Adriano Espaillat (D-NY), Brendan F. Boyle (D-PA), Bennie G. Thompson (D-MS), Alcee L. Hastings (D-FL), Ilhan Omar (D-MN), Mark Pocan (D-WI), Michael F.Q. San Nicolas (D-GU), Steve Cohen (D-TN), Jerrod Nadler (D-NY), Earl Blumenauer (D-OR), and Jan Schakowsky (D-IL).

 

Click here for a copy of the resolution text, and click here for a summary of the resolution.

CONSUMER ALERT: DIVISION OF CONSUMER PROTECTION ASSISTS CONSUMERS IN RECOUPING NEARLY $3 MILLION IN 2020 TIED TO COVID-19 RELATED COMPLAINTS

 

Division of Consumer Protection Assisted Nearly 32,000 NYers With a Variety of COVID-19 Related Complaints

National Consumer Protection Week (NCPW) Takes Place February 28 – March 6

NCPW Helps Consumers Understand Rights & Resources Available

 To kick off National Consumer Protection Week, the New York State Division of Consumer Protection (DCP) today announced it assisted 31,689 New Yorkers with a variety of consumer protection matters related to COVID-19 in 2020, resulting in a record $2,831,400 being returned to consumers wallets.

Each year during the first full week of March, DCP celebrates National Consumer Protection Week (NCPW) to help individuals understand their consumer rights and the resources available that help protect them. As part of this year’s NCPW, DCP will host two free virtual webinars featuring consumer protection related topics. The first, Prevent and Protect from Identity Theft, is scheduled for March 2 at 1pm. Register to participate here. The second, Savvy Shopping Tips for Smart Consumers, is scheduled for March 4 at 6pm. Register to participate here.

“COVID-19 has brought many changes to the marketplace and the Division of Consumer Protection has worked hard over the past year to help consumers navigate uncharted territory,” said Secretary of State Rossana Rosado. “As part of the National Consumer Protection Week, we are highlighting that in today’s amplified digital world, consumers must take precautions to protect themselves from nefarious actors preying on the vulnerable. I encourage all New Yorkers to take these smart steps outlined by the Division of Consumer Protection to protect their hard-earned money.”

The COVID-19 pandemic led to a rise in consumer protection issues that caused havoc in the lives of many as businesses and markets have been disrupted. Three out of the top five complaint categories in 2020 were direct results of the COVID-19 pandemic: travel interruptions and cancellations, entertainment cancellations and refunds, and other COVID-19-related issues, such as delivery delays, order cancellations, and gym membership fees. DCP played a central role in ensuring the welfare of New York consumers as more fraudsters took advantage of the challenges surrounding the pandemic.

New Yorker’s top five consumer complaints in 2020, along with tips to protect consumers, are below:

• Travel interruptions and cancellations due to COVID-19. DCP received 540 complaints on related issues including: cancelled or rescheduled air travel, hotel rooms, rental cars, cruise reservations, and more. When making travel plans, consumers should:
  • Pay careful attention to cancellation and refund policies. Often, reservations are offered with refundable and non-refundable rates. Paying a little more for a refundable rate could save you hundreds or thousands of dollars if you find yourself needing to cancel.
  • Consider trip insurance, but carefully review the terms and conditions, especially what the insurance does and does not cover. Some trip insurance policies offer only partial refunds or limit coverage for extreme circumstances.
  • Pay for tickets and reservations with a credit card. Some credit cards offer additional protections in the event of cancellations or while traveling. You may also have the option of disputing a charge if a company refuses to issue a due refund.

• Entertainment cancellations and refunds due to COVID-19. DCP received 382 complaints on related issues including: cancelled tour reservations; concert, theater and sporting event tickets; reception deposits and more. When buying tickets or making event reservations, consumers should:
• Review the contract carefully. When booking a reception or event space, make sure the contract is clear about what happens to your deposit and any money paid if the event must be cancelled or rescheduled, including provisions for cancellations by the vendor or forces out of your control.
• Pay careful attention to refund policies. If purchasing tickets, be sure to understand the seller’s policy if the event is postponed or cancelled.
• Know your rights. In NYS, ticket sellers are required to refund the cost of the ticket if the event is cancelled. This applies only to event cancellations, so find out from the seller what their policy is if the event is postponed.

• Miscellaneous marketplace problems due to COVID-19. DCP received 662 complaints on related issues including: delivery delays, order cancellations, gym membership fees, PPE fees, spa packages, tuition fees, and more. Consumers should:
• Expect delivery within 30 days. New Yorkers are buying more online, and shipping dates may be delayed due to the increased demand. If an item is not delivered within 30 days in New York and there is no consent to an extension, consumers are entitled to a full refund.
• Know your rights. NYS law does not allow a health club to charge dues or assess fees when the services for which members are paying are no longer being provided through no fault of the members. Members have the right to cancel or freeze their memberships without paying any fees or providing advance notice.
• Know your credit report. Reviewing your credit report can alert you to new accounts being opened or existing accounts being sent to collections – often before you receive a direct bill. Obtain a free copy of your credit report annually from annualcreditreport.com. Through April 2021, a copy is available to you weekly.

• Refunds and Store Policies. DCP received 564 complaints on related issues including: return policies, restocking fees, refunds for damaged/undelivered goods, and more. Consumers should:
• Ask about refund policies. Stores must provide their refund policies on request. Ask whether the store imposes a restocking fee for returned merchandise or if the merchandise must be in a certain condition for the return to be accepted.
• Know your rights. In NYS, merchants must post their refund policies. If they do not, consumers can request a full refund or store credit within 30 days.
• Save all receipts for purchases to allow for ease of returns.

• Internet and Online Services. DCP received 425 complaints on related issues including: erroneous charges, billing, quality of goods/services, and more. Consumers should be aware:
• Online is no excuse. Online companies must follow the same laws as physical, “brick-and-mortar” stores. For instance, they must post their refund policies and remove recalled goods from sale.
• Check on automatic contract renewals. It is now illegal in New York State to continue charging someone for an online service without offering an easy way to also cancel the service online.
• Beware of scams. With the increase of online shopping and shipping, scammers are setting up shop on social media and online marketplaces. If a deal looks “too good to be true,” it probably is. Look for merchants with posted policies and legitimate ratings. Do a quick web search on the company name and “scam” to see if negative reviews are posted anywhere.

This year marks the ten-year anniversary since Governor Andrew M. Cuomo established the New York State Division of Consumer Protection within the Department of State on April 1, 2011 with the mission to assist, protect, educate and represent consumers in an ever-changing economy. The Division of Consumer Protection works hard to assist individuals aggrieved in the marketplace through its complaint mediation efforts, along with educating the public on marketplace scams, and advocating consumers’ interest before legislative and regulatory bodies.

The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. Consumers can file a complaint with the Division of Consumer Protection at www.dos.ny.gov/consumerprotection. For more consumer protection information, call the DCP Helpline at 800-697-1220, Monday through Friday, 8:30am-4:30pm or visit the DCP website at www.dos.ny.gov/consumerprotection. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer. 

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - MARCH 1, 2021

 

5,307 Patient Hospitalizations Statewide

1,065 Patients in the ICU; 741 Intubated

Statewide Positivity Rate is 3.58%

80 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.

"It's been exactly one year since we first identified COVID in New York, and while we've made incredible progress towards defeating it, testing and vaccinating more and more New Yorkers, we need to stay vigilant," Governor Cuomo said. "Our ongoing effort to get shots in arms is producing increasing numbers of sites where New Yorkers can get vaccinated, but we're going to need more supply to reach enough residents to put a serious dent in the virus' spread. It's critical that New Yorkers continue to practice safe behaviors—washing hands, wearing masks and social distancing—while we're still working to vaccinate a large portion of the population. This has been an incredibly long 365 days and there are more ahead, but New Yorkers have already shown unprecedented perseverance and toughness throughout this pandemic—now we just need to get to the light at the end of the tunnel."

Today's data is summarized briefly below: 

• Test Results Reported - 174,158
• Total Positive - 6,235
• Percent Positive - 3.58%
• Patient Hospitalization - 5,307 (+48)
• Net Change Patient Hospitalization Past Week - -497 
• Patients Newly Admitted - 528 
• Hospital Counties - 53
• Number ICU - 1,065 (-18)
• Number ICU with Intubation - 741 (+13)
• Total Discharges - 146,811 (+437)
• Deaths - 80 
• Total Deaths - 38,557

Attorney General James Releases List of Top Consumer Complaints to Mark National Consumer Protection Week

 

Many Top New York Frauds of 2020 Reported to OAG Focused on COVID-19

AG James Issues Tips on How to Avoid COVID-19 Scams, Urges New Yorkers to Immediately Report Fraud to OAG

 New York Attorney General Letitia James today kicked off National Consumer Protection Week by releasing a list of the top consumer scams perpetrated against New Yorkers in 2020 — many of which had to do with the coronavirus disease 2019 (COVID-19) public health crisis — in addition to a variety of tips on how New Yorkers can avoid COVID-19 scams in the future.

“The havoc unleashed by the COVID-19 pandemic, in addition to the numerous other ways consumers were defrauded in 2020, sadly resulted in my office receiving a record number of consumer fraud complaints in 2020,” said Attorney General James. “Consumers who have helped identify and report issues to our office have been invaluable partners in our efforts to stop deceptive scams and will continue to be vital partners going forward. I urge all New Yorkers to follow these tips to minimize the risk of falling victim to fraud, but, when fraud does occur, my office will continue to fight to protect New York consumers.”

The nature of complaints received by the Office of the Attorney General (OAG) in 2020 reflected great consumer harm caused by the COVID-19 pandemic. After analyzing consumer complaints received statewide throughout 2020, the following were found to be the top 10 consumer complaints by category:

RANKING	CATEGORY	NUMBER OF COMPLAINTS
1	Internet-Related (internet services and service providers, data privacy and security, digital media, data breaches, frauds through internet manipulation)	9,832
2	COVID-19 Price Gouging (online and brick and mortar gouging of prices for items such as hand sanitizer, masks, gloves, bathroom tissue, food)	7,701
3	Landlord/Tenant Disputes (security deposit releases, tenant-harassment)	2,752
4	Health Clubs (continuous charging of fees while clubs were closed, inability to cancel memberships, refunds not provided, no response from clubs)	2,621
5	Automobile (sales, service, financing, repairs)	2,561
6	Consumer Services (security systems, tech repairs, immigration services, employment training)	2,512
7	Retail Sales (any sale of goods: food, clothing, rent-to-own, online orders)	1,609
8	Credit (debt collection, credit card billing, debt settlement and debt relief, payday loans, credit repair, credit reporting agencies, identity theft)	1,436
9	Utilities (wireless and residential phones, energy servicers and suppliers, cable and satellite)	1,378
10	Travel (inability to cancel or lack of refunds for cancellations required by COVID-19 travel restrictions)	1,251

Attorney General James also offered consumers the following tips they should practice to minimize the risk of themselves or their family members becoming victims of COVID-19 related scams going forward:

Vaccine-Related Scams: The COVID-19 vaccine is NOT currently available to the general population in New York. A complete list of groups eligible for a COVID-19 vaccine is available on the New York state Department of Health’s website. Consumers are warned to beware of offers promising early or expedited access to the vaccine for a fee. These offers — which may be transmitted by text, phone, or email — are NOT legitimate. Scammers may impersonate public health officials from organizations such as the Centers for Disease Control and Prevention (CDC) or the World Health Organization (WHO). Fraudsters may also offer to ship a COVID-19 vaccine directly to homes, provide special access to vaccines or clinical trials, or sell special cold storage devices to maintain vaccines.

New Yorkers are urged to practice the following tips to avoid vaccine-related scams:

• Be wary of anyone calling or emailing with offers of a vaccine and do not give out Social Security numbers, personal credit card numbers, or bank account information. No one from a vaccine distributor, a health care company, or a private insurance company will ask for this information.
• No New Yorker should be charged any amount out of pocket — regardless of whether they have insurance or not — to get the vaccine while the pandemic remains a public health emergency. If a New Yorker is charged anything, including an administration fee, they should file a complaint on the OAG's website.
• No one can pay to put their name on a list to get the vaccine or to get into a vaccine clinical trial.

Fake Vaccine Cards: Consumers are warned to beware of phony vaccine cards sold on social media platforms or other areas of the Internet. Vaccine cards typically record the date a vaccine is administered, the vaccine manufacturer, and the batch number, and are provided by the vaccination site for a consumer’s own records. The target market for these phony cards may be people who want to avoid the vaccine or who mistakenly believe the card is required to travel or for some other purpose. Phony vaccine cards pose a public health risk and should NOT be purchased for any reason. The information consumers provide may also be used for identity theft.

Phony COVID-19 Cures: Bad actors have marketed a range of products with false claims that they can prevent, cure, or treat COVID-19. Consumers should NOT spend their money on these products, which do not work. The phony products sold range from colloidal silver products, to toothpastes, to dietary supplements, and herbal blends. Consumers should make health decisions in consultation with their health care providers. Attorney General James has sent numerous cease and desist letters to individuals and entities peddling these fake and potentially dangerous COVID-19 products, including to Alex Jones, The Silver Edge company, and Dr. Sherill Sellman, among others.

Price Gouging: Consumers and the general public are warned to pay attention to the prices charged on goods and services that are vital to their health, safety, or welfare, including hand sanitizer, toilet paper, basic medical supplies, and basic food items. New York’s price gouging statute prohibits selling these goods and services during periods of abnormal market disruption for an unconscionably excessive price. In addition to sending more than 1,900 cease and desist letters to merchants over the last year demanding price gouging to stop, the OAG stopped three third-party sellers who used Amazon to price gouge on hand sanitizers and disinfectants. The OAG also sued a major egg distributor for gouging the price of 4 million cartons of eggs.

Health Clubs: Consumers are reminded to know their rights. New York’s Health Club Law authorizes gym members to cancel their membership under certain circumstances, including “after the services are no longer available or substantially available as provided in the contract because of the [gym’s] permanent discontinuance of operation or substantial change in operation,” and requires gym owners to provide prorated monetary refunds (NOT credits) for such cancellations within 15 days. Additionally, the law further prohibits misrepresentations about consumers’ cancellation rights. The OAG sued the parent company of two major health club chains — New York Sports Clubs and Lucille Roberts — in New York for violations of the Health Club Law. 

Puppy Scams: The pandemic has dramatically increased demand for pets, as New Yorkers seek companionship during lockdown. Scammers typically pretend to be breeders and refuse in-person meetings, using COVID-19 safety protocols as an excuse. Simultaneously, these fraudsters demand additional fees, such as for shipment of pets in special “protective” crates or for pandemic insurance.

New Yorkers are urged to practice the following tips to avoid puppy scams:

• Use a credit card to make the purchase and avoid wiring money, sending gift cards, or sending money using apps, as such transactions cannot be refunded and are not traceable.
• Conduct a thorough internet search of the breeder before purchasing a puppy to ensure the email address being used is not the same being used across multiple websites and that any testimonials are not copied from other, legitimate websites.   
• Visit the breeder and puppy in person, using social distancing. If a consumer is unable to do so, they should request that the breeder video chat with them. Consumers are strongly advised against purchasing a puppy without visual confirmation. Consumers should also be sure to get visual confirmation before making any sort of deposit. Consumers should insist on seeing where the animals are kept and avoid breeders who offer to meet at a “convenient” public location.
• Keep in mind that shipping any young animal long distances, especially as air cargo in the hot summer months, carries a great deal of risk. Picking up the puppy in-person and flying back with them under the passenger seat in a carrier is strongly recommended. Beware that scammers typically make a number of excuses related to shipping to get more money from consumers. 

In the event a consumer is the victim of fraud, they should be sure to retain all records of the sale, including advertising and written communications.